Oklahoma City-based CD Warehouse Inc. announced Friday that on Nov. 26 the court sustained the company's and its directors' motion to dismiss the derivative lawsuit filed in Oklahoma County District Court.

The action was dismissed with prejudice by the court, which also approved an agreementbetween the parties whereby the company will pay attorney's fees and costs tothe plaintiff's counsel in an amount not to exceed $85,000. The company's insurer has agreed to pay these fees and costs.